RESPONSE TO COMMENTS
FY 2025-2026 NATIONAL PROGRAM GUIDANCE
OFFICE OF ENVIRONMENTAL JUSTICE AND EXTERNAL CIVIL RIGHTS
PUBLICATION NUMBER: 231F24004
Comment
Commenter(s)
Location in Draft
Guidance
National Program Offices
Response
Action Taken
in Final
Guidance
ETC encourages EPA to rely on data gathered from
the technical environmental analyses performed as
part of the permit review process in addressing
disproportionate impacts in vulnerable
communities and EJ analysis on rulemakings.
Environmental
Technology
Council (ETC)
p. 10, B.2
Thank you for your comment
OEJECR will review your
recommendation.
Made no
changes to the
NPG.
ETC supports OEJECR's planned effort to lead EPA's
EJScreen Steering Committee's goal to advance
tool capabilities and updates. The benefit of
EJScreen is dependent upon its accuracy and user
efficiency.
Environmental
Technology
Council (ETC)
p. 10, B.2
Thank you for your comment
OEJECR is consistently leading the
EPA's EJScreen Steering Committee
to advance tool capabilities and
updates. OEJECR has an annual
process for reviewing and updating
the tool, based on feedback from
users. OEJECR has engaged on the
Science Advisory Board for a peer
review on EJScreen and is
incorporating recommendations
received.
Made no
changes to the
NPG.
Regarding permit applications and Title V permit
renewals, when applying EJ analysis to
disproportionate impacts, EPA should consider
environmental regulations that mitigate
environmental or public health stressors as a
benefit for the regulated community. EPA and state
partners should allow consideration for reduction
of stressors as well as improvements to
environmental and public health benefits.
Environmental
Technology
Council (ETC)
p. 11, B.3
Thank you for your comment
OEJECR will review your
recommendation.
Made no
changes to the
NPG.
1
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Comment
Commenter(s)
Location in Draft
Guidance
National Program Offices
Response
Action Taken
in Final
Guidance
Measures that exceed minimum regulatory
requirements should also be considered as part of
the cumulative assessment of stressors that may
be present near covered facilities.
A suggestion for strengthening community-
industry stakeholder relationships that will
improve EPA's program implementation, is for
state permitting authorities to consider and
address the positive impacts that economic
investment, tax base, and job creation will have on
an overburdened community. Additionally
consider, community service and community
support that ETC member companies and others
often provide to residents living near industrial
facilities, such as volunteer programs, educational
and workforce training programs, and grants to
improve services or quality of life. Many ETC
members already have successful, transparent
Community Advisory Panels (CAPs) and/or
community engagement with first responders,
community members, and elected officials that
increased the communities' trust in facility
operations.
Environmental
Technology
Council (ETC)
p. 11, B.3
Thank you for your comment The
EPA supports community-industry
engagement.
Made no
changes to the
NPG.
Is there a timeline for the development of guidance
on assessing cumulative impacts in communities?
Antonio Bivins -
State of Delaware
Department of
Natural Resources
and
Environmental
Control
11
Thank you for your question.
Development and implementation
of guidance and standard operating
procedures consistent with the
framework to advance
consideration of cumulative
impacts, and "fit for purpose" to
different decision-making contexts,
will be carried out by programs
and regions. EPA is already
engaged in many activities to
develop capacity to assess and
On page 11,
bullet 3,
changed the
word "guidance"
to "framework".
2
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Comment
Commenter(s)
Location in Draft
Guidance
National Program Offices
Response
Action Taken
in Final
Guidance
address cumulative impacts in the
areas of organizational change,
learning, tool development, and
engagement. Information on these
activities will be shared together
with the framework document
Are there plans to use a more granular geography
(ie block groups or blocks instead of tracts)
Antonio Bivins -
State of Delaware
Department of
Natural Resources
and
Environmental
Control
11
Thank you for your question.
OEJECR agrees that granular
geographies to address concerns at
the community level are needed.
EJScreen is currently presenting
data at the block group level, and
also allows users to import their
own data into the tool.
Made no
changes to the
NPG.
A timeline for developing meaningful engagement
training?
Antonio Bivins -
State of Delaware
Department of
Natural Resources
and
Environmental
Control
12
Thank you for your question.
OEJECR already provides training
to build the capacity of OEJECR
colleagues on meaningful
engagement skills and capabilities.
In addition, once the EPA's
"Achieving Health and
Environmental Protection Through
EPA's Meaningful Engagement
Policy" is finalized, training on
policy implementation is
anticipated to occur within
approximately 5 months.
Made no
changes to the
NPG.
Ensure that specific EPA Offices are named and
accountable for activities, programs, and
outcomes, etc.
Andrew Gainey -
Delaware
Department of
Natural Resources
and
Environmental
Control
7
Thank you for your comment
National Program Guidances
provide national guidance on
program priorities, strategies, and
metrics to implement the
President's Budget The activities
therein, are generally described at
Made no
changes to the
NPG.
3
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Comment
Commenter(s)
Location in Draft
Guidance
National Program Offices
Response
Action Taken
in Final
Guidance
a high-level. As most activities are
tied to the implementation of
metrics, the accountability of
specific EPA offices occurs through
internal EPA processes.
Provide a foundation to better understand how
public ideas, input, feedback, and
recommendations are considered. What does this
currently look like at EPA? If it exists, how is it
evolving?
Andrew Gainey -
Delaware
Department of
Natural Resources
and
Environmental
Control
12
Thank you for your comment and
questions. The environmental
statutes that established the EPA's
programs along with their
implementing regulations require
that the public has the opportunity
to participate in the EPA's decision-
making processes. The EPA
encourages public participation to
ensure that there is full
consideration of the possible
effects of its actions, e.g.,
rulemaking, permit issuance, and
has developed materials, including
policy and guidance documents to
assist both the public and the EPA
staff in achieving this goal. One
example of an agency-wide policy
is the EPA's 2003 Public
Involvement Policy, which is
currently being updated through
the EPA's action development
process (ADP). Learn more about
ADP here:
https://work.epa.gov/sites/default
/files/2 0 21 - 0 6/adpguidance-rev-
03-00-2018.pdf.
The EPA has embedded the
concept of applying public ideas,
Made no
changes to the
NPG.
4
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Comment
Commenter(s)
Location in Draft
Guidance
National Program Offices
Response
Action Taken
in Final
Guidance
input, feedback, and
recommendations into this draft
document, "Achieving Health and
Environmental Protection Through
EPA's Meaningful Engagement
Policy", which will assist the EPA
staff in providing meaningful
public engagement in all of its
programs. Once the policy is
finalized, there are plans to
develop and provide training to
support policy implementation
across the EPA. The public review
draft of the policy is located on
OEJECR's website:
https://www.epa.gov/system/files
/documents/202 3-
12/final_meaningful-involvement-
policy_eams_l 1.7.2023_508.pdf.
OEJECR also has a National
Program Guidance measure
(EJCR19 on page 20) on planning
for meaningful engagement with a
goal to transparently document
input from the public on specific
agency actions.
Are there any case studies, examples, or models
that will be used to better facilitate internal,
external, cross-organizational, and public
collaboration?
Andrew Gainey -
Delaware
Department of
Natural Resources
and
Environmental
Control
12
Thank you for your question. There
are case studies and examples from
the EPA's Collaborative Problem
Solving (CPS) model which is an
effective approach to addressing
local environmental and/or public
health issues in a collaborative
manner with various stakeholders
Made no
changes to the
NPG.
5
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Comment
Commenter(s)
Location in Draft
Guidance
National Program Offices
Response
Action Taken
in Final
Guidance
such as communities, industry,
academic institutions, and others.
Here is a link to the CPS model:
https://www.epa.gov/sites/defaul
t/files/2 016-06/documents/cps-
manual-12-27-06.pdf.
The EPA also implements the
Environmental Justice
Collaborative Problem Solving
(EJCPS) Cooperative Agreement
Program to provide financial
assistance to communities with EJ
concerns, utilizing the EPA's CPS
Model.
I'd like to see how EPA considers EJ and Civil
Rights in their own work to be helpful, such as best
practices, and mention of how past initiatives
inform future efforts, etc.
Andrew Gainey -
Delaware
Department of
Natural Resources
and
Environmental
Control
5
Thank you for your comment
OEJECR supports the agency's
mission by providing leadership on
the EPA's environmental justice
and external civil rights priorities.
Within the EPA, many offices
continue this important work,
including two notable examples.
The first is OEJECR's Office of
External Civil Rights Compliance
(OECRC), which enforces federal
civil rights laws, including Title VI
of the Civil Rights Act of 1964, that,
together, prohibit discrimination
on the basis of race, color, or
national origin (including on the
basis of limited-English
proficiency); sex; disability; or age
by applicants for and recipients of
federal financial assistance from
Made no
changes to the
NPG.
6
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Comment
Commenter(s)
Location in Draft
Guidance
National Program Offices
Response
Action Taken
in Final
Guidance
the EPA. The second is OEJECR's
Office of Policy, Partnerships and
Program Development (OPPPD),
which works with the EPA's
national programs and regional
offices to integrate equity,
environmental justice, and civil
rights into its decision-making
related to rules, permits, cleanups,
and other core activities, as
allowed by law. Additionally,
OEJECR's Grants Management
Division (GMD) works to oversee
the historic funding opportunities
available to communities across
the country as a result of various
past initiatives in the Biden-Harris
Administration, including but not
limited to the Inflation Reduction
Act (IRA), Justice40, and the
Revitalizing Our Nation's
Commitment to Environmental
Justice for All Executive Order
(14096). Working together and in
collaboration with the rest of
OEJECR and the EPA as a whole,
these offices continue to ensure
that environmental justice and civil
rights remain at the forefront of
the EPA's mission and work.
The second bullet is great, and EJ / Civil Rights
need to be baked into the entire process, while
supporting communication during all and post-
grant award phases.
Andrew Gainey -
Delaware
Department of
Natural Resources
and
18
Thank you for your comment
OEJECR will review your
recommendation.
Made no
changes to the
NPG.
7
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Comment
Commenter(s)
Location in Draft
Guidance
National Program Offices
Response
Action Taken
in Final
Guidance
Environmental
Control
Some grants require the use of EJ Screen or CEJST;
however, these tools may not capture all eligible
communities. Will allowances be made for the use
of state developed mapping tools to identify
underserved communities for competitive
funding?
Katera Moore -
Delaware
Department of
Natural Resources
and
Environmental
Control
8
Thank you for your comment
Applications for Environmental
Justice Grants must include
relevant information such as
demographics, geographic location,
and community history. While
applicants are encouraged to use
EJSCREEN or CEJST to further help
characterize and describe target
communities, it is not required.
Local screening and mapping tools
can also be used.
Additional information about
Environmental Justice Grants can
be found here:
https://www.epa.gov/environmen
taljustice/environmental-justice-
grants-funding-and-technical-
assistance.
Made no
changes to the
NPG.
The draft Guidance states that "OEJECR continues
to partner with the EPA's regions and programs to
determine how best to integrate these measures
and take advantage of every opportunity to
advance EJ and civil rights compliance, considering
each region and program's financial, capacity, and
statutory limitations."
EPA's OEJECR NPG should especially consider the
financial, other resource/capacity, and statutory
limitations of state and local agencies. AAPCA
recognizes that EPA incorporated and maintained
this feedback from previous comments on FY 2023
Association of Air
Pollution Control
Agencies (AAPCA)
Page 4
Section I.
Introduction
Thank you for your comment The
EPA recognizes that there are
considerations for financial,
capacity, and statutory limitations
when we partner with state, local,
and Tribal stakeholders to advance
equity, environmental justice and
external civil rights.
On page 7,
section A.3 -
Strong
partnerships
with states and
Tribes, added
the following
sentence to the
introductory
paragraph: "The
EPA recognizes
that financial,
capacity, and
8
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Comment
Commenter(s)
Location in Draft
Guidance
National Program Offices
Response
Action Taken
in Final
Guidance
and FY 2024 NPGs from the Association.
statutory
limitations are
important
considerations
when working
with federal,
state, T ribal and
local partners."
EPA's draft OEJECR Guidance states, "The EPA and
other governmental partners must include the
principles of meaningful involvement and equity in
their work with underserved and overburdened
communities," and "A fundamental element of
achieving this is to strengthen the capacity of
community members to meaningfully engage and
provide input to government programs on the
decisions that may affect them."
As co-regulators responsible for Clean Air Act
implementation, air agencies are critical partners
in this outreach. State and local air agencies can
bring important details and history as well as gain
insight that could inform environmental decision-
making. AAPCA underscores that working together
to provide meaningful and consistent
communication from federal, state, and local
partners is crucial for effective public outreach
efforts.
EPA should also acknowledge the financial, other
resource/capacity, and statutory limitations of
governmental partners that may exist, and
continue to support co-regulators by providing
technical support and maximum flexibility to
conduct meaningful engagement in their
Association of Air
Pollution Control
Agencies (AAPCA)
Page 6
Section II. Strategic
Plan
Implementation
A. Objective 1:
Promote EJ and
Civil Rights at the
Federal, Tribal,
State, Local, and
Community Levels
Thank you for your comment
OEJECR agrees that state and local
air agencies are critical partners, as
indicated in the current NPG
language. OEJECR also agrees that
it is important for community
members and advocates to clearly
understand the roles and
capabilities across federal, state,
and local agencies. Whole-of-
government, collaborative action
with community partners is
essential for real progress.
On page 6, section Al, of the NPG,
OEJECR states that the EPA
environmental justice grant
programs, have expanded to 3
billion dollars (through Inflation
Reduction Act and annual
appropriation act funding). Of the 3
billion, $84.1 million funded 88
Environmental Justice
Government-to-Government
(EJG2G) cooperative agreements.
This grant program supports
government activities that lead to
On page 6,
section A. 1,
added "along
with state, local,
and T ribal
government
partners" within
the first
sentence in the
introductory
paragraph. The
sentence now
reads: "Through
the EPA's
environmental
justice grant
programs, which
have expanded
to 3 billion
dollars, and
dedicated
technical
assistance
programs,
communities,
along with state,
local, and Tribal
9
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Comment
Commenter(s)
Location in Draft
Guidance
National Program Offices
Response
Action Taken
in Final
Guidance
jurisdictions.
measurable environmental or
public health impacts in
communities disproportionately
burdened by environmental harms.
Here is a link to the EJG2G grant
program:
https://www.epa.gov/environmen
taljustice/environmental-justice-
government-government-program.
governmental
partners, are
provided
support as they
develop and
implement
solutions that
significantly
address
environmental
and/or public
health issues at
the local level."
AAPCA appreciates OEJECR's commitment to
provide technical assistance and training for state
and local agency recipients of EPA's financial
assistance to better understand civil rights
compliance, including procedural safeguards and
best practices.
Association of Air
Pollution Control
Agencies (AAPCA)
Page 9
Section II. Strategic
Plan
Implementation
A. Objective 1:
Promote EJ and
Civil Rights at the
Federal, Tribal,
State, Local, and
Community Levels
Also: Page 16
C. Strengthening
Civil Rights
Enforcement in
Communities with
Environmental
Justice Concerns
OEJECR appreciates your comment
and will continue to provide
technical assistance and training
for state and local agency
recipients of EPA's financial
assistance.
Made no
changes to the
NPG.
IDEM shares EPA's concern for environmental
Indiana
Draft FY 2025-
Thank you for your comments.
See NPG changes
10
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Comment
Commenter(s)
Location in Draft
Guidance
National Program Offices
Response
Action Taken
in Final
Guidance
justice and agrees with the need to find solutions
to environmental burdens faced by disadvantaged
communities. As a heavily industrialized state that
had industry in place long before any
environmental laws or regulations existed, we
certainly appreciate efforts to address the lingering
effects of legacy pollution, as it's not something our
state is equipped to tackle alone.
We have actively pursued initiatives like our
Environmental Stakeholder Inclusion program,
demonstrating our ongoing dedication to this
issue. We hired two full-time outreach
coordinators, one of which is bilingual in Spanish.
We have conducted over fifty meetings with
community groups across the state, focusing on
groups from disadvantaged communities and
those promoting environmental justice. We have
provided grant funding to assist with waste
cleanup efforts and continue to use our office as a
platform to raise issues of critical importance to
these communities. We also strongly encourage
the use of Supplemental Environmental Projects in
our enforcement programs to direct penalty
dollars back into disadvantaged communities. Om-
an-rent environmental justice efforts are focused
on maximizing our impact within the scope of our
legal authority and available resources.
While we appreciate the chance to comment on the
draft OEJECR guidance, we can't help but notice
that an imbalance exists between EPA's growing
staffing levels and the lack of additional funding
allocated to states. EPA delegates the vast majority
of environmental permitting and compliance
Department of
Environmental
Management
2026 OEJECR
National Program
Guidance
Similar issues were highlighted in
the Association of Air Pollution
Control Agencies (AAPCA). OEJECR
provided responses to address
considerations for financial,
capacity, and statutory limitations
when we partner with states and
other external governmental
entities.
In response to IDEM, the EPA has
identified principles for EJ in CAA
permitting that should be
considered by states, based on
existing legal authorities. See
https://www.epa.gov/system/files
/documents/202 2-
12/Attachment%2 0-
% 2 0 E J% 2 Oin% 2 0 Air% 2 OPermittin
g%20Principles%20.pdf. Writing a
permit that uses existing
authorities to minimize or mitigate
disproportionately adverse effects
should be part of the core work of
an effective environmental
protection program. This is true
regardless of whether civil rights
law is understood to impose
requirements beyond the scope of
environmental law.
Most of the additional EPA EJ
resources are devoted to
grantmaking, including to states;
and the EPA permitting programs
noted above in
response to two
Association of
Air Pollution
Control Agencies
(AAPCA)
comments on
pages 9-10.
11
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Comment
Commenter(s)
Location in Draft
Guidance
National Program Offices
Response
Action Taken
in Final
Guidance
functions to the states, yet the funding we receive
from EPA hasn't substantially increased in
decades. While EPA's budget continues to grow to
support the agency's administrative functions,
states are left struggling to figure out how to make
ends meet to implement these programs, which is
particularly challenging given the rising costs
states have incurred in recent years. When EPA
requests that the states take on additional
activities like those highlighted in this draft
guidance, it becomes clear that EPA is unaware of
how significant a burden this would be on already
strained state resources.
This draft guidance cites a desire to better
understand states' needs and increase our capacity
to implement programming. We suggest
considering an approach where EPA staffing and
budget increases are accompanied by increased
funding to the states - specifically in the form of
categorical block grants. This would allow states to
implement our delegated environmental
protection responsibilities more effectively, which
would directly benefit our disadvantaged
communities.
Further complicating efforts to advance
environmental justice initiatives is the use of laws,
like the civil rights acts mentioned here, that were
not designed for this purpose. Though well-
intentioned, this introduces a lack of legal clarity
that will create difficulties for states and regulated
facilities in navigating these issues.
While not specifically mentioned in this guidance,
are addressing these principles in
their work without additional
resources. Where regulated
facilities have formed expectations
that Agency discretion will be
exercised in their favor, without
full consideration of the
vulnerability of communities to
impacts in a context of documented
cumulative impacts, challenging
those expectations may take some
resources but this is a necessary
correction to past practice in order
improve the effectiveness of
permitting programs in delivering
on their mission to protect human
health and the environment.
The Inflation Reduction Act
funding that is available through
OEJECR's Environmental and
Climate Justice Program
(Community Change Grants) offers
opportunities for states to partner
with community-based
organizations on environmental
justice activities that support
underserved communities.
Additionally, OEJECR's
Environmental Justice
Government-to-Government
(EJG2G) has specific set-asides for
state organizations to address
environmental justice concerns
statewide and in local
12
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Comment
Commenter(s)
Location in Draft
Guidance
National Program Offices
Response
Action Taken
in Final
Guidance
we are aware that EPA is placing significant
pressure on states to include environmental justice
as a factor in permitting. Existing federal laws and
rules do not provide states with clear authority to
tackle environmental justice in a way envisioned
by EPA, despite efforts to convince otherwise. This
has led to legal challenges and uncertainty for
states, businesses, and the general public. Until
federal environmental laws are amended to
explicitly require EPA and delegated states to
consider environmental justice in permitting
decisions, IDEM cannot and will not require
regulated entities to do more than what we are
already asking of them.
Beyond the necessary authority, states also need
additional resources to implement these changes
when and if they are required.
We believe a collaborative approach is key to
achieving our shared environmental justice goals.
EPA should engage states to develop clear and
implementable guidance, and IDEM would be a
willing partner in that conversation. However,
guidance in the form of unfunded suggestions that
lack clear legal authority could lead to a decrease
in the effectiveness of environmental programs at
the state level. We urge EPA to consider increasing
funding for states alongside any additional
programmatic requests. Effective partnerships
between EPA and the states can only occur when
funding and resources are shared. This guidance
could be strengthened by considering the specific
needs and limitations of state environmental
agencies.
communities.
Environmental and Climate Justice
Program (Community Change
Grants:
https: //www. ep a. go v/inflatio n-
reduction-act/inflation-reduction-
act- enviro nme ntal- and- climate-
justice-program.
EJG2G website:
https://www.epa.gov/environmen
talj ustice/e nvir o nme ntal-j ustice-
government-government-program.
13
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Comment
Commenter(s)
Location in Draft
Guidance
National Program Offices
Response
Action Taken
in Final
Guidance
There is a lot of discussion of making things easier,
more equitable, etc. as well as capacity building,
etc. for communities. But it is critical to recognize
and then provide for the need for ongoing
education, workshops, training, and evaluation for
the government workers including sensitivity and
communication, recognizing systems of
oppression, and working to change them, as well
as about how best to transparently and
accountably engage with communities. It is critical
to equip staff with the best understanding
language, formats, tools, and other skills to work in
an inclusive and equitable way within a system
that is designed in stark juxtaposition to those
values.
Global Alliance for
Incinerator
Alternatives
(GAIA)
Overview (and all
offices' Guidance:
OAR, OW, OECA,
OLEM, OCPP, OCIR,
OITA, OCFC,
OEJECR)
Thank you for your comment The
EPA has embedded many of the
suggested competencies into the
draft "Achieving Health and
Environmental Protection Through
EPA's Meaningful Engagement
Policy", which guides the EPA staff
to provide meaningful public
engagement in all its programs and
regions. Public comments on the
draft policy closed on January 16,
2024. The EPA is considering the
comments provided by the public
in developing the final policy. Once
the policy is finalized, there are
plans to develop and provide
training to support policy
implementation across the EPA.
The public review draft of the
policy is located on OEJECR's
website:
https://www.epa.gov/system/files
/documents/202 3-
12 /final_me aningful- involve me nt-
policy_eams_l 1.7.2023_508.pdf.
Made no
changes to the
NPG.
The draft says, "The EPA will take ... especially
those that require new investments in resources
and staffing". It should also include "training and
education."
Global Alliance for
Incinerator
Alternatives
(GAIA)
Page 4, section 1
Thank you for your comment
OEJECR agrees with your
recommendation with a slight
modification to the suggested
language. Instead of "training and
education", OEJECR is opting to use
"training and learning".
On page 4,
section 1,
paragraph 2,
added "training
and learning" to
the end of the
first sentence.
Similar comment. The draft says, "The EPA is
committed to integrating EJ and civil rights
Global Alliance for
Incinerator
Page 5, paragraph
1
Thank you for your comment
OEJECR agrees with your
On page 5,
paragraph 1,
14
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Comment
Commenter(s)
Location in Draft
Guidance
National Program Offices
Response
Action Taken
in Final
Guidance
considerations into its own work, include EPA
permitting, rulemaking, guidances, etc.". This must
also include and say "ongoing education, training,
workshops, and evaluation, etc. for EPA (and
ideally other agency) staff".
Alternatives
(GAIA)
recommendation with a slight
modification to the suggested
language (see modified language in
the Action Taken in Final Guidance
column).
added"To
support this,
OEJECR is
committed to
providing
ongoing
education,
training,
workshops, and
evaluation, as
resources allow,
for EPA staff."
In addition to dedicated technical assistance
programs and support "as they develop and
implement solutions that significantly address
environmental and/or public health issues at the
local level," EPA should also provide outreach
about upcoming grant availability as well as
technical support and capacity building for
developing grant applications and reporting.
Global Alliance for
Incinerator
Alternatives
(GAIA)
Page 7, paragraph
2
Thank you for your comment
OEJECR provides outreach about
upcoming grant availability as well
as technical support, including
capacity building for developing
grant applications and reporting
through a variety of mechanisms.
They are:
OEJECR's Environmental Justice
Grants, Funding and Technical
Assistance website:
https://www.epa.gov/environmen
taljustice/environmental-justice-
grants-funding-and-technical-
assistance.
The Environmental Justice
Thriving Communities Technical
Assistance Centers:
https://www.epa.gov/environmen
taljustice/environmental-justice-
thriving-communities-technical-
assistance-centers.
Made no
changes to the
NPG.
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Road Shows:
https://www.epa.gov/community-
equity-resiliency/regional-
roadshows.
National Environmental Justice
Community Engagement Calls:
https://www.epa.gov/environmen
taljustice/national-environmental-
j ustice-community-e ngage me nt-
calls.
EJ Listserv: Subscribe to EPA's
Environmental Justice listserv by
sending a blank email to: join-epa-
ej@lists.epa.gov.
In addition to capacity building in communities,
there should be government staff capacity building
including education about how to best engage.
There must also be a clear and stated
understanding and expectation that community
members' lived experience and expertise is never
subjugated to "formal" education and expertise
And the examples of capacity building for
communities - using resources such as training
(workshops, train-the-trainer, etc.), handbooks,
best practice guides, dedicated technical assistance
- should also be implemented internally for staff.
Global Alliance for
Incinerator
Alternatives
(GAIA)
Page 7, paragraph
3
Thank you for your comment
OEJECR agrees with your
suggestions and speaks to internal
capacity-building in sections B.3
(Supporting collaborative,
community-driven approaches
with communities) and B.4
(Practicing meaningful engagement
in EPA's decision-making).
Made no
changes to the
NPG
Human health adversely affected by EMFs /
Need for Radiation Protection: It is estimated
that at least 3 0% of population is afflicted from
this radiation poisoning and about 1% is severely
disabled that they can no longer work or live in
areas that have this radiation. The disabled
didn't see it coming. Exposure gives rise to a
National Call for
Safe Technology
Sec II.B.l.
Reducing
disparities in
environmental and
public health
conditions p.9
Thank you for sharing this
information. The EPA sets
protective limits on ionizing
radiation in the environment
resulting from human use of
radioactive elements such as
uranium. The EPA does not
Made no
changes to the
NPG.
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constellation of symptoms, some of which
include: headaches, nausea, vomiting, tinnitus,
hearing loss, heart arrythmia, tachycardia,
neurological disorders; oxidative stress; immune
dysfunction; ADHD, and damage to the blood-
brain barrier. See
https://bioinitiative.org/conclusions/.
Based on a population of 332.4 million people in
the U.S., the numbers are shockingly high:
Can't work - 0.65% - 2.16 million
Severe symptoms - 1.5% - 4.99 million
Moderate symptoms - 5% -16.6 million
Mild symptoms - 30% - 99.7 million
See 2019 Bevington study,
https://mdsafetech.files.wordpress.eom/2019/l
0/2018-prevalence-of- electromagnetic-
sensitivitv.pdf.
Access to work is critical for disadvantaged
communities. The EMF disabled are most
affected when they cannot work safely in
environments containing RF radiation inside a
building, such as Wi-Fi, or RF radiation coming
from outside a building from nearby base station
antennas. This is not a disability that only
affects the EMF disabled, but given the
estimated number of people with EMS
symptoms in the U.S., it has the potential of
adversely affecting America's workforce. EMS
disability can be accommodated by creating RF
radiation free zones that employ only wired
facilities in the work and home environments.
regulate non-ionizing radiation
that is emitted by electrical devices
such as cell phones and
transmitters. The Federal
Communications Commission
(FCC) regulates radiofrequency
(RF) emissions from FCC-regulated
transmitters and devices, including
for the purposes of considering
significant environmental effects
and human exposure. The FCC
provides information on the
potential hazards associated with
RF electromagnetic fields through
their website:
www.fcc.gov/rfsafety, which
among other things, has an FAQ
that addresses common questions.
For further information on RF
safety, including site specific
questions, inquirers may reach FCC
directly via email at
rfsafety@fcc.gov.
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Guidance
Disability from electromagnetic field (EMF)
radiation is as silent and invisible as the toxin that
creates the disability in the first place. Those
suffering from EMF exposure, however, cannot
travel to Washington DC to potentially sit on the
Capitol steps to advocate for themselves. EMF is
so pervasive that any effort similar to the "Capitol
Crawl" to raise awareness would put them at
physical risk. These people have been silenced
and rejected. They are isolated from play with
other children, from study with fellow students,
from advancement in the workforce and the
financial means to support themselves in
anything but subsidized housing. But even
federally-subsidized housing is becoming
inaccessible since those buildings appear to be a
target for wireless tower leases because it is the
path of least resistance in increasingly resistant
communities.
See History Series, "When the 'Capitol Crawl'
Dramatized the Need for Americans with
Disabilities Act,"
https://www.historv.com/news/americans-with-
disabilities-act-1990-capitol-crawl.
The following chart shows a worsening of
symptoms when closer to a cell tower but a
lessening of symptoms when farther away from a
cell tower.
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*Note: This image was submitted to the EPA as part of a public comment. Please contact National Call for Safe Technology for any questions regarding
this image.
Rapid aging syndrome (RAS)
Electro-Hyper-Sensitivity (EHS)
% respondents experiencing
symptoms "very often"
1. Fatigue
2. Sleep disturbance
3. Headaches
4. Feeling of discomfort
5. Difficulty concentrating
6. Depression
7. Memory loss
8. Visual disruptions
9. Irritability
10. Hearing disruptions
11. Skin problems
12. Cardiovascular
13. Dizziness
14. Loss of appetite
15. Movement difficulties
16. Nausea
Fatigue
Headaches
Difficulty in concentration
Memory loss
Irritability
Skin problems
Dizziness
Movement difficulties
% 40
%
Sleep dsturbance
Feeling of discomfort
Depression
Visual disruptions
Hearing disruptions
Cardiovascular
Loss of appeiile
100-200
200-300
Residential distance of transmitter (m)
Symptoms experienced by people near cellular phone base stations; RF radiation affects the blood, heart and autonomic nervous system.! Source: Santini, et
al [France]: Pathol Biol. 2002;50:S369-73.
Environmental Justice and Civil Rights
Disability from EMFs is as silent and invisible as
the EMF toxin that creates the disability in the first
place. They are isolated from play with other
children, from study with fellow students, from
advancement in the workforce and the financial
means to support themselves in anything but
subsidized housing. But even federally-subsidized
National Call for
Safe T echnology
Sec II.B.B.5.
The EPA's
implementation
of environmental
justice and civil
rights compliance
p. 13
See the EPA's response on pages
16-17.
Made no
changes to the
NPG.
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housing is becoming inaccessible since those
buildings appear to be a target for wireless
tower leases because it is the path of least
resistance in increasingly resistant communities.
Those suffering from EMFs, however, cannot travel
to Washington DC to potentially sit on the Capitol
steps to effectuate change. That is what it took to
get the Americans with Disabilities Act of 1990
(ADA) passed. The "Capitol Crawl" showed the
disabled leaving their wheelchairs behind as they
crawled the Capitol steps, including an 8-year old
disabled girl. EMF is so pervasive that any effort
similar to the "Capitol Crawl" to raise awareness
would put those disabled by EMF at physical risk.
These people have been silenced and rejected.
This is particularly compelling since the DC Circuit
Court of Appeals ruled against the FCC in 2021 and
remanded its emission limits for its failure to
review 11,000 pp of scientific peer-reviewed
studies showing harm below its limits, along with
accounts of personal injuiy. See
https://ehtrustorg/court-iudgment-on-fccs-
record-review-of-1996-wireless-radiation-
standards/.
See also, Wyoming Governor's letter to the FCC,
https://ehtrustorg/letter-to-the-honorable-jessica-
rosenworcel-chairwoman-federal-communications-
commission-from-wyoming-governor-mark-
gordon-children-and-fcc-wirelesss-radiation-safety-
limits/.
Therefore, these limits do not protect the public
but provide a safe harbor for industry that shields
it from liability for personal injury so long as the
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industry operates within the FCC exposure limits
(the Telecommunications Act of 1996 provides this
shield, heavily negotiated by industry at the time).
To date, the FCC has failed to comply with the
court order. Essentially we're flying blind on
public health and safety. See US Senator
Blumenthal at
https://mdsafetech.org/2019/02 /13 /no-
research-on-5g-safetv-senator-blumenthal-
question-answered/.
To put this in perspective, Martin L. Pall, PhD,
Professor Emeritus of Biochemistry and Basic
Medical Sciences, Washington State University, had
provided in the FCC's docket that the FCC's existing
RF exposure limits "are approximately 7.2 million
times too high." See
https://ehtrustorg/appeals-court-tells-fcc-to-
address-non-therm al-heal th-impacts-of-radiatio n-
from-wireless-technologv-on-children-the-public-
and-the-environment/.
The EMF disabled require equal access to web
services in a manner that does not injure them and
that does not otherwise put them in harm's way.
They cannot use a technology that is injuring them
- EMF radiation.
The digital divide is no less relevant for the EMF
disabled who may not be able to use web-based
services and who cannot use mobile devices. For
the EMF disabled, being required to use mobile
services and devices to access necessary medical
programs and services would only guarantee the
digital divide for the EMF disabled. HHS must
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promulgate rules to ensure that access to such
necessary services does not require wireless
connectivity on mobile devices.
Mention has been made of the pandemic and the
need for more web access. However, the best
access is through wired connections. For
instance, the National Telecommunications
Information Administration (NTIA) has
prioritized fiber to the premises for the nation in
order to bridge the digital divide, not mobile.
See NTIA Official Acknowledges Clear Preference
for Fiber in Infrastructure Deployment Program,
June 13, 2022,
https: / /broadbandbreakfast com /2 0 22/06 /ntia-
official-acknowledges-clear-preference-for-fiber-
in- infrastructure-deplovment-program/.
Lest the EPA believes that mobile access will
bridge the digital divide, it will not. So, to digress a
moment on the benefits of fiber to the premises ...
Underscoring the importance of fiber over
wireless, former FCC Chairman, Tom Wheeler, in
his March 2021 Congressional testimony,
described fiber as "future proof," and prioritized a
"fiber first" policy for the nation. See Tom
Wheeler's Testimony to Congress,
https://energvcommerce.house.gov/sites/democra
ts.energvcommerce.house.gov/files/documents/Wi
tness% 20Testimonv Wheeler FC 2021.03.22.pdf.
Wheeler's statements point to the fact that
wireless and fiber are not equivalent broadband
media, and that wireless should be used only as a
last resort "Fiber is unmatched in its speed,
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performance [and] reliability ... " far exceeding the
promise of any generation of wireless technology.
See "Reinventing Wires: The Future of Landlines
and Networks," National Institute for Science, Law
and Public Policy, authored by Timothy Schoechle,
PhD: https://electromagnetichealth.org/wp-
content/uploads /2018/02 /Reinventing-Wires-1 -
2S-18.pdf.
Wired connections, such as fiber and cable, to the
premises provide the best capacity for remote
learning for children and students, particularly
those who are already EMF disabled, and more
reliable access to medical and other services for
the elderly and disabled during emergencies or
severe weather when wireless service is more
likely to be interrupted. Wired connections will
also prevent the exclusion of the EMF disabled
who cannot be near RF radiation emitted from
mobile devices and equipment
Grants should be provided for accommodations
for the EMF disabled. See below.
ACCESSIBILITY RECOMMENDATIONS
The importance of providing accommodation for
the EMF disabled for medical programs and
services is two- fold. First, exposure to RF / EMR /
EMF / MW radiation in medical facilities can be
life-threatening. Second, a "patient's vital signs or
test results may vary dependent on EMF/EMR
exposures at a specific location and at a specific
moment (electrosmog can affect the autonomic
nervous system, the blood, the heart and even
blood sugar levels in some sensitive diabetics)...
National Call for
Safe Technology
Sec II.B.B.5.
The EPA's
implementation
of environmental
justice and civil
rights compliance
p.13
See the EPA's response on pages
16-17.
Made no
changes to the
NPG.
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this can lead to misdiagnosis, over-treatment,
under-treatment, inappropriate medications or
dosages..Further reasons and a detailed list of
recommendations for accommodation are
provided by the ElectroSensitive Society - see
Electrosensitive Society
https://www.electrosensitivesocietv.com/how-
hospitals-can-accommodate-patients-who-have-
ehs/.
Here are some examples of accommodations
needed for the EMF disabled. The EMF disabled
need landline corded phones as they cannot use or
be dependent on cell phones, human agents and,
where necessary, paper rather than electronic
communications if it is hazardous for them to
touch a computer or any Wi-Fi enabled device.
The Building Biology Institute provides additional
recommendations. See
https://buildingbiologvinstitute.org/wp-
content/uploads/2022/04/EMR Factsheet v2.0r.p
df?kx=rTGvcWw57cXYTKX7Sp91I6a7XwgrVTvuT7a
034KI bvY%3D.UN8Sad.
Accessibility
Access to medical programs and services may be
accessed wirelessly or by wired connections. The
EMF disabled require access by wired connections
or by paper; such programs and services cannot be
coupled with wireless-only access, such as by
mobile applications and devices. To be clear,
access to web content and services is not
synonymous with a wireless connection, but would
engage any technology which would provide
access to a disabled individual so as to receive
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Guidance
medical programs and services on an equal basis
as others. Requiring access to wired technology,
such as copper wires, cable or fiber optics, as well
as providing paper alternatives, would help ensure
that parity for the EMF Disabled.
The National Institute for Science, Law and Public
Policy published a report of hard-wiring
broadband connections which would be of
tremendous benefit for making accommodation
for the EMF disabled.
Federal agencies should ensure that providing
mobile applications and promoting their use on
mobile devices does not impair the EMF Disabled
from accessing medical programs and services by
more traditional means, i.e., wired connections
(copper, cable and fiber), as well as by landline
phone, human agents and paper communications
via the U.S. Postal Service, by which many of the
EMF Disabled are only able to access essential
medical programs and services, including
emergency care.
For those EMF Disabled who are so disabled that
they cannot even touch a computer to retrieve
services via the web, it is essential that there be
access to a staffed telephone information line. In
effect, a website or check-in device or kiosk by
which a person would otherwise access medical
programs and services becomes inaccessible to the
extent that the EMF Disabled cannot even touch a
computer or electronic device to access medical
programs and services. Web-based services will
never replace the need for an EMF Disabled person
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to speak to a live person. Cutting off access to a
live person would cut off the life-line of the EMF
Disabled who would be in dire need of medical
services.
Correct Wiring. Correct wiring, up to code,
especially at the junction and breaker boxes in
buildings, needs to be enforced. This should be
certified by accredited entities. And for the EMF
disabled, the electrical and magnetic fields need to
be at the safe levels as per the Building Biology
Institute standards. See
https: //buildingbiology. com/site/downloads/rich
twerte-2015-englisch.pdf. Wiring errors are
frequently made in buildings which increases the
EMF's (electromagnetic fields) to unsafe levels.
These can be prevented and many remedied. If an
outlet is incorrectly wired, especially the
grounding, the increased electric fields will travel
through the air into the room and through the wire
to any device plugged into it. Light switches and
fixtures will have unsafe levels of electric and
magnetic fields if incorrectly wired or grounded.
Creating Safe Zones. A zone should be designed
to provide safe web access for the EMF disabled at
the premises of public entities, so that a portion of
each such public entity would not expose the EMF
disabled to RF radiation. Wi-Fi/wireless free
zones are areas in a building that do not have Wi-
Fi or other wireless connectivity and are free of
any RF radiation or wireless frequency of any
kind, including, but not limited to, that generated
by mobile devices such as cell phones, tablets, Wi-
Fi routers, or any smart meters on the premises.
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National Program Offices
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Action Taken
in Final
Guidance
Creating a Wi-Fi/wireless free zone would include
a way to terminate all wireless transmitting
signals originating from within the zone and
attenuate all wireless receiving signals
penetrating into the zone. Transmitting signals
can be terminated with a combination of a hard
wire shut-off, permanent Wi-Fi free software
deactivation that does not reset itself or just by
using fiber to the premises and cabled modems /
routers / computer / telecommunications
equipment. Received signals can be lowered with
a combination of RF attenuation building
materials, equipment and products that reduce
the RFR penetrating into the zone. The objective
is to create an "as low as reasonably achievable"
level of RFR for receiving signals.
All telecommunications access should be
provided by telecommunications equipment (e.g.,
modems or routers) connected only by copper
wire, cable or fiber optics. Any connectors for
fiber optics and other hard- wired alternatives
must be secured and ensure a leak-free
connection. The zone would have a means to
terminate all wireless transmitting signals
originating from within the zone and attenuate all
wireless receiving signals penetrating into the
zone. Transmitting signals can be terminated with
a combination of a hard wire shut-off, permanent
Wi-Fi free software deactivation that does not
reset itself. Alternatively, telecommunications
equipment could simply be permanently
connected to fiber optics or cable for an even
faster, more secure and healthier experience.
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Guidance
National Program Offices
Response
Action Taken
in Final
Guidance
Received signals can be lowered with a
combination of radio frequency attenuation
building materials, equipment and products that
reduce the radio frequency penetrating into the
zone. The objective is to create an "as low as
reasonably achievable" level of radio frequency
receiving signals.
The zone could also be "flexible," by equipping it
with an easily accessible and visible "off" switch
and robust software that does not permit
wireless signals and prohibits these software
settings from being automatically overridden or
reset Those needing a connection for their cell
phones would simply turn off their Wi-Fi and
cellular connections and plug into the hardwired
connections that would be made available to
them at various locations within the zone,
without any attenuation in service and with the
possible advantage of even faster and more
reliable service without expense to their health.
In order for the EMF disabled to reach a flexible
zone, any wireless frequency within these public
entities would require some form of wireless
frequency attenuation (such as RF blocking,
shielding or reduction device) over the wireless
telecommunications equipment to significantly
reduce the amount of wireless frequency
emitting from that equipment without affecting
wireless connectivity.
The EMF disabled must have direct access through
human agents, e.g., who are able to answer and
respond to telephone calls and written
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Guidance
correspondence conducted through the USPS first
class mail.
In addition, the EMF disabled require emergency
services in case of any acts of God, access to
which, incidentally, may also become
interrupted with wireless infrastructure.
Accommodation for Emergencies
The EMF disabled require hardwired
connections in the event of any emergency or
natural disaster, such as heavy weather
conditions or a tornado. An example of how
fiber optics made possible the restoration of
service during an emergency is in Chattanooga,
TN. In November 2012, a tornado ripped
through Chattanooga. Because of the fiber optics
installation, the system was able to either
prevent or automatically restore service from
23,000 customer outages. "Smart Grid Helps
Keep Lights Burning," May 19, 2017 Editorial,
Hamilton County Herald,
https://www.hamiltoncountvherald.eom/Storv.a
spx?id=8646&date=5%2F19%2F2017.
Accommodation in Data Systems
A web and app-based, mobile-only environment,
utilized as a communications and information
portal to access services, programs, and activities
offered by public entities, is problematic. Sole
reliance on technology for access creates
additional barriers to access for the EMF disabled,
whose disabilities would worsen from such
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access.
The EMF disabled have severe health impairments
and multiple disabilities that are cardiac,
neurological, and sensory, including those with
cognitive and processing disabilities, many of
whom are at risk for further health impairments. It
is critical for this information to be entered into
data systems. Therefore, this information is often
overlooked and omitted from government data
systems because there is no mechanism for it to be
created in the drop-down menus of Title II public
entities. These systems just throw these
individuals into the "Other Health Impairment"
category which is akin to a waste bucket in the IEP
categorical data collection system. Therefore, a
category for the EMF disabled should be created to
properly account for their disabilities, so that
theirs will also be considered "relevant" within the
data systems.
See List of Accommodations below:
List of Accommodations
The following is a short listof readily achievable, affordable modifications, submitted to the National Council on Disability in 2022 (Submitted to
the Board of the National Council on Disability, May 12, 2022 by Susan Molloy, M.A., Snowflake, AZ.):
• Daylight, skylights, or option of incandescent lightbulbs (no fluorescents or LEDS) in designated areas of the facility;
• Remove Fragrance Emission Devices ("FEDS") in designated restrooms, no fragrance distribution systems in Heating, Ventilation, Air
Conditioning ("HVAC") systems, no scented products;
• Do not use Wi-Fi to monitor indoor air pollutants;
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Response
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because she cannot enter her house with further
injury.
OEJECR should amend the NPG to include in
section C.2 under "activities" the creation of a
publicly accessible database with state agencies
and industry that have entered into agreements
with EPA and the Department of Justice (e.g.
Informal Resolution Agreements) which provide
background on the initial violation, terms of the
agreement, timelines and updates to impacted
communities on compliance.
Shiv Srivastava,
Policy Director
Fenceline Watch
(Community
Based EJ
Organization)
C.2 Proactive
external civil
rights compliance
pg. 16
Thank you for your comment
OEJECR will review your
recommendation.
Made no
changes to the
NPG.
The guidance must ensure equity within public
comment timelines for alternative language and
differently abled communities
Fenceline Watch
(Community
Based EJ
Organization)
Yvette Arellano,
Founder |
Director
(A. Objective
l)(Page.6)
The timelines for National Program
Guidances are dependent on the
issuance of the President's Budget
As National Program Guidances are
used by regulatory partners in
states, Tribes, and territories to
inform summer grant work
planning, any delays in the
issuance of the President's Budget
can impact the length of time for
public comments. Having said that,
there is room for improvement in
communicating public comment
timelines to ensure equity for
communities. OEJECR appreciates
this feedback as we continue to
learn and grow as an organization.
Made no
changes to the
NPG.
The implementation of Environmental Justice and
civil rights compliance activities for National
Programs and Regions must include community
outreach how to file complaints
Fenceline Watch
(Community
Based EJ
Organization)
Yvette Arellano,
Founder |
Director
(B.5) (Page 13)
Thank you for your comment
OEJECR has information about
filing complaints on the following
publicly available webpage:
https://www.epa.gov/external-
civil-rights/filing-discrimination-
complaint-against-recipient-epa-
Made no
changes to the
NPG.
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Guidance
National Program Offices
Response
Action Taken
in Final
Guidance
funds.
OEJECR Specific activities must include community
engagement on compliance w/ agreements for
those found in violation (EPA/DOJ actions)
Fenceline Watch
(Community
Based EJ
Organization)
Yvette Arellano,
Founder |
Director
(B.5) (Page 13)
Thank you for your comment For
information about how OEJECR
engages with complainants, please
see the Case Resolution Manual:
https://www.epa.gov/ogc/case-
resolution-manual.
Made no
changes to the
NPG.
Meaningful access to the EPA's programs and
activities for persons with disabilities must include
conducting public stakeholder evaluations to
ensure effectiveness of resources and services
Fenceline Watch
(Community
Based EJ
Organization)
Yvette Arellano,
Founder |
Director
B.7
Thank you for your comment
OEJECR will consider your
recommendation as the disability
program is developed and
implemented in Fiscal Year 2025.
Made no
changes to the
NPG.
Public The term "the public" is used in the
broadest sense, meaning the general population of
the United States. Manv segments of "the public"
mav have a particular interest The public must not
extend to applicants and affiliated interested with
vested economic or business interest The public
must also exclude trade associations, industrial
and agricultural organizations and affiliates that
represent industry outcomes. We believe that the
EPA must establish a conflict-of- interest
policies across the agency including in the
definition of "the public." There is a
fundamental and irreconcilable conflict
between the polluting industry's interests and
public health policv interests. EPA must ensure
consistent and effective separation between its
activities and those of the polluting industry, to
preserve its integrity and reputation and in
promoting development. In setting and
implementing their public health, implementation
Fenceline Watch
(Community
Based EJ
Organization)
Yvette Arellano,
Founder | Director
B.4p 12 and
throughout
document
references to
public.
Achieving Health
and Environmental
Protection
Through EPA's
Meaningful
Engagement
Policy (an update
to the EPA's 2003
Public
Involvement
Policy in FY 2024)
https://www.epa.g
ov/svstem/files/do
cuments/2023-
12/final meaningf
Thank you for your comment In
the EPA's draft "Achieving Health
and Environmental Protection
Through EPA's Meaningful
Engagement Policy", the term "the
public" is used in the broadest
sense, meaning the general
population of the United States.
Many segments of "the public" may
have a particular interest in or may
be affected by the EPA programs
and decisions.
The Public Participation Model
(within the policy) provides
information on how to "identify
segments of the public" to select a
narrower definition of "public" that
includes individuals or entities
interested in or affected by EPA
Made no
changes to the
NPG.
34
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Comment
Commenter(s)
Location in Draft
Guidance
National Program Offices
Response
Action Taken
in Final
Guidance
and public engagement policies with respect to
pollution controls protective of human health,
biodiversity and the environment. EPA should act
to protect these policies from commercial and
other vested interests of polluting industry in
accordance with national law.
This is a framework already reflected in the World
Health Organizations, Framework Convention
on Tobacco Controls (WHO, FCTC, (February 27,
2005)
https://fctc.who.int/docs/librariesproviderl2/defa
ult- document-librarv/fctc-model-policv—short-
.pdf
ul-involvement-
policv earns 11.7.2
decisions. The public review draft
of the policy is located on OEJECR's
website:
https://www.epa.gov/system/files
/documents/202 3-
12/final_meaningful-involvement-
policy_eams_l 1.7.2023_508.pdf.
Bringing people together to
address environmental challenges
is central to how the EPA does
business. The EPA has a long
history of success in seeking input
from the public, working with
stakeholders to reach common
ground, and providing mediators
and facilitators to reach mutually
acceptable agreements on
contentious issues. Learn more
about Environmental Collaboration
and Conflict Resolution (ECCR) at
EPA at this website:
https://www.epa.gov/eccr.
023 508.pdf
Under the activities portion of OEJECR -specific:
(second bullet point) external stakeholder
engagement must ensure that these meetings are
publicly accessible.
Under National Program: The guidance must
include identifying origin of disparities and
establishing linkages across multiple barriers.
Fenceline Watch
(Community
Based EJ
Organization)
Yvette Arellano,
Founder | Director
B.l (page 10)
Thank you for your comments.
OEJECR is committed to
stakeholder engagement that is
publicly accessible and has added
suggested language to the OEJECR-
specific section of Bl.
OEJECR will review the
recommendation from your second
comment.
On page 10, 2nd
bullet under
OEJECR-specific
activities, added
"publicly
accessible".
Under National programs and regions: (the
guidance) must include opportunities for regional
Fenceline Watch
(Community
B.2 (Page 11)
Thank you for your comments.
OEJECR is committed to providing
Made no
changes to the
35
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Comment
Commenter(s)
Location in Draft
Guidance
National Program Offices
Response
Action Taken
in Final
Guidance
and state regulatory agencies to receive training
on environmental justice and equity screening
tools.
Additionally the guidance must include providing
a public facing timeline over progress made in
regional offices and how practices to address
disproportionate impacts are being
operationalized.
Based EJ
Organization)
Yvette Arellano,
Founder | Director
training on environmental justice
and equity screening tools.
EJScreen Office Hours are
facilitated bi-monthly, and training
sessions are offered throughout the
year. For more information on
regularly scheduled office hours
and trainings, visit this website:
https://www.epa.gov/ejscreen/ejs
creen-office-hours-training.
Trainings can also be requested
using the 'contact us' link on the
above referenced website, via
email to ejscreen@epa.gov, or by
contacting regional environmental
justice staff:
https://www.epa.gov/environmen
taljustice/environmental-justice-
your-community.
In addition, EJScreen office hours
and training sessions are
communicated through the EJ
Listserv. Subscribe to EPA's
Environmental Justice listserv by
sending a blank email to: join-epa-
ej@lists.epa.gov.
For your second comment, the EPA
utilizes annual environmental
justice and external civil rights
(EJECR) implementation plans for
programs and regions to list
actions and track progress on
NPG.
36
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Comment
Commenter(s)
Location in Draft
Guidance
National Program Offices
Response
Action Taken
in Final
Guidance
agency priorities, including those
of addressing disproportionate
impacts in overburdened
communities.
Under activities specific to OEJECR the guidance
must connect NEJAC and WHEJAC
recommendations to broader public by making
them publicly available.
Fenceline Watch
(Community
Based EJ
Organization)
Yvette Arellano,
Founder | Director
B.3 (Page 12)
Thank you for your comment The
EPA publishes all final
recommendations from the
National Environmental Justice
Advisory Council (NEJAC) and the
White House Environmental Justice
Advisory Council (WHEJAC) on the
following public-facing webpages:
NEJAC recommendations:
https://www.epa.gov/environmen
taljustice/national-environmental-
j ustice- advisory- council-
recommendations.
WHEJAC recommendations:
https://www.epa.gov/environmen
taljustice/white-house-
environmental-justice-advisory-
council#whejacrecommendations.
Made no
changes to the
NPG.
Under OEJECR activities: The guidance must
include the activity of identifying and highlighting
key decision-making processes including
rulemaking opportunities to the public.
Rulemaking processes inclusive of affected
communities allow the public to engage in the
remedy to disproportionate harm by
incorporating affected communities input to
rectify systemic failures.
Fenceline Watch
(Community
Based EJ
Organization)
Yvette Arellano,
Founder | Director
B.4 (Page 13)
Thank you for your comment The
EPA continuously strives to
improve meaningful engagement
with communities in line with the
Administration's Executive Order
14094: Modernizing Regulatory
Review:
https://www.govinfo.gov/content/
pkg/FR-2023-04-ll/pdf/2023-
07760.pdf.
Made no
changes to the
NPG.
37
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Comment
Commenter(s)
Location in Draft
Guidance
National Program Offices
Response
Action Taken
in Final
Guidance
To learn more about meaningful
community engagement in rules,
visit the EPA's regulatory agenda
webpage:
https://www.epa.gov/laws-
regulations/regulatory-agendas-
and-regulatory-plans.
National Programs and regional guidance must
include re- establishing EPA regional in person
meetings with travel support for participants.
The last one held was under Israel Anderson in
2016 in Oklahoma City. These gatherings included
support for travel. Below is the detail outlined
from these meaningful engagement opportunities.
Opportunities that offered us to connect and build
relationships with agency staff and other
advocates. The currency of trust in our agencies
has eroded.
"The last one held was: Environmental Justice
Training Workshop scheduled for June 13-15,
2015, atthe
Aloft Hotel Oklahoma City Downtown -
Bricktown, 209 North Walnut Avenue, Oklahoma
City, OK 73104, phone 405- 6052100. This is
confirmation of your invitational travel
assistance from the U.S. Environmental
Protection Agency (EPA) to attend the
workshop. EPA will reimburse you for airfare,
two (2) nights lodging, and per diem. The hotel
does not provide an airport shuttle
service to the airport. Therefore, you should plan
on using a taxi for which you will be reimbursed.
Please ensure that you get all
Fenceline Watch
(Community
Based EJ
Organization)
Yvette Arellano,
Founder | Director
B.4 (Page 13)
Thank you for your comment
Regions regularly carry out in-
person, hybrid, and remote
meetings with community
partners. Examples include
"Regional Roadshows"
(https://www.epa.gov/community
-equity-resiliency/regional-
roadshows) and EJ Caucus
meetings at annual Brownfields
conventions (for 2023, see
https://brownfields2023.org/sche
dule/).
Regions welcome outreach from
community partners to discuss
convening additional meetings,
including with travel support if
resources are available. Points of
contact in each Region's EJ
program are at
https://www.epa.gov/environmen
taljustice/environmental-justice-
your-community.
Made no
changes to the
NPG.
38
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Comment
Commenter(s)
Location in Draft
Guidance
National Program Offices
Response
Action Taken
in Final
Guidance
receipts for reimbursement Upon completion of
this travel, it is requested that you review, sign and
date your travel voucher and return it with all
receipts to Mr. James Butler at
butler.james@epa.gov"
https: //www. epa.gov/sites/default/files/2 017-
03/documents/Oklahoma action olan.odf
The guidance must include that OEJECR must
provide oversight, compliance, transparency on
informal resolution agreements and remedy
processes. This must include responding to
community queries and clarification requests on
the remedy process.
Fenceline Watch
(Community
Based EJ
Organization)
Yvette Arellano,
Founder | Director
B.5 (Page 13)
Thank you for your comment For
information about how OEJECR
engages with complainants, please
see the Case Resolution Manual:
https://www.epa.gov/ogc/case-
resolution-manual.
Made no
changes to the
NPG.
OEJECR-specific activities must include
establishing a database of agreements entered with
industry, state partners and DOJ that includes
information on timeline, remedy actions, original
Title VI complaints, recommendations and agreed
actions.
Fenceline Watch
(Community
Based EJ
Organization)
Yvette Arellano,
Founder | Director
B.5 (Page 13)
Thank you for your comment
OEJECR will review your
recommendation.
For information about the external
civil rights compliance case docket,
visit this webpage:
https://www.epa.gov/external-
civil-rights/external-civil-rights-
docket-2014-present.
Made no
changes to the
NPG.
In the guidance for meaningful access to the
EPA's program and activities for person with
limited-English proficiency OEJECR activities
should include:
• Provide framework to maximize outreach
about language as a protected right
• Provide evaluation metrics for LEP
translation/ interpretation services.
Conduct public stakeholder evaluations of affected
communities to measure effectiveness of resources
and services.
Fenceline Watch
(Community
Based EJ
Organization)
Yvette Arellano,
Founder | Director
B.6 (Page 14)
Thank you for comment OEJECR
will review your recommendation.
Made no
changes to the
NPG.
39
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Comment
Commenter(s)
Location in Draft
Guidance
National Program Offices
Response
Action Taken
in Final
Guidance
In the guidance for meaningful access to EPA's
program and activities for persons with
disabilities OEJECR activities should include:
• Provide framework to maximize
outreach about access for people with
disabilities as a protected right.
• Provide evaluation metrics for disability
services
Conduct public stakeholder evaluations of affected
communities to measure effectiveness of resources
and services.
Fenceline Watch
(Community
Based EJ
Organization)
Yvette Arellano,
Founder | Director
B.7 (page 15)
Thank you for comment OEJECR
will review your recommendation.
Made no
changes to the
NPG.
Under Section III. Implementing Tribal Work: The
guidance must assure Free Prior and Informed
Consent
Fenceline Watch
(Community
Based EJ
Organization)
Yvette Arellano,
Founder | Director
C.2 (Page 17)
Thank you for your comment
OEJECR's NPG follows current U.S.
guidance regarding free, prior and
informed consent found in the
2011 Announcement of U.S.
Support for the United Nations
Declaration on the Rights of
Indigenous Peoples: Initiatives to
Promote the Government-to-
Government Relationship &
Improve the Lives of Indigenous
Peoples, located here:
https://2009-
2017.state.gov/documents/organiz
ation/154782.pdf. It states that the
United States understands free,
prior and informed consent to call
for a process of meaningful,
government-to-government
consultation with Tribal leaders,
but not necessarily the agreement
of those leaders, before the actions
addressed in those consultations
are taken, governments. According
Made no
changes to the
NPG.
40
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Comment
Commenter(s)
Location in Draft
Guidance
National Program Offices
Response
Action Taken
in Final
Guidance
to EPA's 2023 Tribal Consultation
Policy, effective consultation
means that information obtained
from Tribes be given meaningful
consideration and EPA should
strive for consensus or a mutually
desired outcome. EPA commits to
provide early, meaningful
engagement opportunities for
Indigenous Peoples, consistent
with EPA's 2014 EJ Policy for
Working with Tribes and
Indigenous Peoples, located here:
https://www.epa.gov/sites/defaul
t/files/2 017-10/documents/ej -
indigenous-policy.pdf.
EJCR02: Percentage of new grant workplans must
be publicly available and incorporate public input
from disproportionately affected communities,
submitted by states that include commitments to
address disproportionate impacts.
EJCR09: Percentage of programs that have
developed guidance and have incorporated EJ and
screening tools.
EJCR13: Percentage of EPA national programs
and regions that have established ej and external
civil rights implementation plans with (must
include! public input from affected
community's and resource allocation toward
the implementation of plans
EJCR14: Percentage of EPA national programs
and regions that have implemented program and
Fenceline Watch
(Community
Based EJ
Organization)
Yvette Arellano,
Founder | Director
(Page 19) FY 2025
National Program
Guidance Measures
Thank you for your suggested
recommendations on National
Program Guidance Measures. The
language from these measures is
directly tied to Long-term
Performance Goals in the EPA's FY
2022 - 2026 Strategic Plan. OEJECR
agrees on the importance of
resource considerations for each
referenced plan (EJCR13, EJCR14,
EJCR15). All plans are based on
allocated resources.
Regional environmental justice
staff are available for receiving
public input on community issues,
including those focused on
disproportionate impacts, language
accessibility, disability
Made no
changes to the
NPG.
41
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Comment
Commenter(s)
Location in Draft
Guidance
National Program Offices
Response
Action Taken
in Final
Guidance
region-specific language assistance programs
fmust include! public input from affected
community's and resource allocation toward
the implementation of plans
EJCR15: Percentage of EPA national programs
and regions that have implemented program and
region-specific disability access plans (must
include! public input from affected
community's and resource allocation toward
the implementation of plans
(SUCH PLANS MUST INCLUDE RESOURCE
ALLOCATION TO SUCCEED FOR THE
COMMUNITIES THEY SERVICE,
otherwise they are simply written plans)
EJCR18: The number of information sharing
sessions and outreach and technical assistance
events held with overburdened and underserved
communities and environmental justice advocacy
groups on civil rights and environmental justice
issues must also be publicly available
accessibility, et Regional EJ staff
contacts are on this website:
https://www.epa.gov/environmen
taljustice/environmental-justice-
your-community.
The Office of Environmental Justice and Civil
Rights Compliance (OEJECR) failed to conduct
open public community stakeholders
engagement regarding the FY 2025- 2026
National Program Guidance ahead of the opening
of the comment period on April 23, 2024,
In October of 2023 OEJECR held three stakeholder
engagements:
• National Environmental Justice
Advisory Council- NEJAC Business
Shiv Srivastava,
Policy Director
Fenceline Watch
(Community
Based EJ
Organization)
SECTION I.
INTRODUCTION
pg.4
Thank you for bringing your
experiences to our attention and
for highlighting the ways in which
OEJECR can improve processes for
community engagement going
forward. We have identified new
best practices after reflecting on
this feedback that we look forward
to implementing next cycle.
Made no
changes to the
NPG.
42
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Comment
Commenter(s)
Location in Draft
Guidance
National Program Offices
Response
Action Taken
in Final
Guidance
Meeting 10/5/2023
• State Partners-Monthly All-States Call
10/12/2023
• Community members, environmental
justice advocacy groups, tribal members-
Monthly engagement call 1017/2023
All three of these engagements were by
invitation only and closed to the general public.
Notice of the comment period of OEJECR's FY
2025-2026 National Program Guidance was not
shared with EPA's EJ listserv. The first public
engagement around OEJECR's NPG was conducted
on May 21, 2024, during the EPA National EJ
Community Engagement Call, a mere eight days
prior to the initial June 4th, 2024 comment
closure date.
Fenceline Watch brought this to the attention of
OEJECR staff and requested all stakeholder
engagement conducted around the FY 2025-2026
public comment period. In addition to the three
stakeholder meetings held in October of 2023, and
were provided with these additional dates:
• National Environmental Justice Advisory
Council (NEJAC): May 1st, 2024
• Monthly engagement call with
environmental justice state partners:
May 9th,2024
• The Environmental Council of the
States (ECOS): May 14th, 2024
• Informational T eleconference with
Tribes: May 16th, 2024
These engagements were also closed
meetings with the general public unable to
43
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Comment
Commenter(s)
Location in Draft
Guidance
National Program Offices
Response
Action Taken
in Final
Guidance
attend.
We requested for an extension in the comment
period from OEJECR staff. We reached out for
several days following this request with no
update. We reached out to EPA Region 6 for what
if any outreach had been conducted by the
regional office; they were unable to provide any
information regarding the NPG's and had
conducted no outreach to communities. On June 6,
2024 we spoke to Regional Administrator for
EPA's South Central Region 6, Earthea Nance
about OEJECR's National Program Guidance; she
seemed unaware of the guidance and the
comment period and responded:
"what do you want Region 6 to do about that? It
is a OEJECR program you would need to
contact them."
On June 3rd, 2024 one day prior to the comment
periods closure date we were informed that an
additional 10 business days had been added to
the comment period. We reached out to EPA.
The lack of equitable engagement around the
Office of Environmental Justice and External Civil
Rights Compliance National Program Guidance is
extremely troubling. The OEJECR mission states:
The Office of Environmental Justice and External
Civil Rights (OEJECR) supports the agency's
mission by providing leadership on EPA's
environmental justice and external civil rights
priorities. OEJECR coordinates implementation of
44
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Comment
Commenter(s)
Location in Draft
Guidance
National Program Offices
Response
Action Taken
in Final
Guidance
those priorities across the agency's national
programs, regions, the Administrator's Office, and
across our partnerships with other federal
agencies and coregulators in state, tribal, and
local government, and communities. OEJECR
provides resources and other technical assistance
on civil rights and environmental justice, engages
with communities with environmental justice
concerns, and provides support for community-
led action.
Unfortunately, EPA OEJECR failed on multiple of
these charges. The agency did not provide
assistance nor did they engage with our
communities during this process.
The verv nature of OEIECR's NPG is to provide
cross- cutting guidance on embedding EI
principles throughout the agencv that
emphasis earlv and frequent stakeholder
enpapement in Apencv actions. That the
comment period for the verv guidance that is
meant to undergird EPA's public engagement
strategy is both ironic and unacceptable.
The deficiencies of OEJECR are made more
apparent when because Fenceline Watch, a small
environmental justice community based
organization with extremely limited capacity was
put in the position of watch dogging a federal
agency to ensure that our communities along the
Houston Ship Channel, as well as environmental
justice communities around the nation had the
opportunity to provide meaningful feedback to
the agency.
45
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Comment
Commenter(s)
Location in Draft
Guidance
National Program Offices
Response
Action Taken
in Final
Guidance
More concerning still is how their seems to be little
to no coordination intra-agency coordination at
EPA between headquarters and regional offices, as
evidenced by Region 6's lack of knowledge
about the NPG's or ability to provide any
guidance to our community; this despite
apparent state partner outreach being
conducted by the office.
In order to satisfy the goals set out in EPA FY
2022-2026 EPA Strategic Plan, specifically goal 2
Take Decisive Action to Advance Environmental
Justice and Civil Rights, coordination at all levels
of the agency must be assured. This clearly
currently not the case at OEJECR or Region 6.
Fenceline Watch policy director Shiv Srivastava
attended a CEQ meeting with environmental
justice stakeholders in which Senior Advisor for
Environmental Justice and External Civil Rights
Karim David Marshall was in attendance. When
this matter was brought to him he erroneously
stated that a federal register notice for
OEJECR's National Program Guidance had
been posted, no such federal register notice
exists for this National Program Guidance.
Moreover, he stated while his intent was not to
invalidate what was felt a federal register notice
served as Office of Environmental Justice and
External Civil Rights Compliance notice.
The importance of meaningful engagement is
spelt out in EPA's Meaningful Involvement Policy
that states:
46
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Comment
Commenter(s)
Location in Draft
Guidance
National Program Offices
Response
Action Taken
in Final
Guidance
Meaningful Involvement is used to describe EPA's
commitment to a public participation process that
seeks and facilitates public input on EPA actions
by "providing timely and culturally appropriate
information, access for people with disabilities;
and language access for persons with limited
English proficiencyconsidering issue of access
raised by location, transportation, and other
factors affecting participation, and by making
available technical assistance to build
community-based capacity for participating. EPA
recognizes that limited public involvement may be
marginalizing and could have the effect of
denying appropriate access to the EPA decision-
making process.
Therefore, addressing, as feasible, other barriers to
participation that individuals may face allows for
more informed and applicable EPA actions.
The interactions with both Mr. Marshall as
well as Regional Administrator Nance also do
not comport with EPA Meaningful
Involvement Policy; which encourage cultural
competence and humility when engaging
with the public as well as transparency,
sincerity, and a willingness to learn when
engaging with the public.
The FY 2025-2026 OEJECR guidance should be
amended to include specific strategies and actions
that ensure collaboration and coordination
between EPA and regional offices including
explicit procedures being undertaken, ensure
stakeholder engagement that is truly public and
47
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Comment
Commenter(s)
Location in Draft
Guidance
National Program Offices
Response
Action Taken
in Final
Guidance
open.
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